THE TEN YEERES PROCEEDINGS OF THE LATE PARLIAMENT, CONCERNING THE CASE OF SIR RICHARD GURNEY. LONDON, Printed in the year 1652. The Contents. THe Impeachment of the House of Commons, fig. 1. The Sentence of the House of Lords, fig. 2. The Proceedings of the Committee of Goldsmiths Hall, fig. 3. to 10. The Proceeding at the Committee of Lords and Commons for Sequestration, fig. 10. to 21. The Discharges, fig. 21. to 24. The Proceeding of the Commissioners sitting at Haberdashers Hall, with their Report to the Parliament, and the Parliaments reference of that Report, and several Orders of Parliament, fig. 25. to 36. An Abstract of the Ordinances of Sequestration, fig. 37. and 37. A President for discharge in the same Case, fig. 38, 39, 40. An Abstract of a dead of Settlement of Sir Richard Gurney's Estate, and of his Will, fig. 41, 42. The Clauses of the Act of Pardon relating to this Case, fig. 43. Martis 5. jul. 1642. THat Sir Richard Gurney, Knight and Baronet, on or about the Last day of june, 1642. being then Lord mayor of the City of London; in several places of the said City, unlawfully and maliciously caused Proclamation to be made for the putting in Execution of the Commission of Array, tending to the raising of Forces against the Parliament, and to the subversion of the laws and Peace of this kingdom. For the which, the House and Commons impeach the said Sir Richard Gurney, Knight and Baronet, in the name of the House of Commons, and of all the Commons of England, of high crimes and misdemeanours, and saving to themselves all liberties and advantages of exhibiting all other accusations against him. They do desire that he may be called to a speedy answer in the presence of the Commons. John brown clear. Par. Die Veneris 12. August, 1642. WHereas Sir Richard Gurney Knight and Baronet, Lord mayor of the City of London, hath been impeached by the Knights, Citizens, and Burgesses of the House of Commons, for causing Proclamation to be made in several places of the City of London for the putting in execution the Commission of Array, tending to the raising of Forces against the Parliament, and the subversion of the laws and peace of this kingdom; and for the framing of two false and scandalous Petitions to set division between His Majesty and the Parliament, and the Parliament and the City; and for imprisoning certain Apprentices, who had framed a Petition unto the Parliament, and not punishing and proceeding against certain Rioters, or misdoers within the City of London, acted on or about the 2. of February 1641, and for refusing or neglecting to call a Common council for the good and safety of said City and kingdom, being thereunto commanded by the Authority of both Houses of Parliament. 2. The Lords having taken the said Charges into their consideration, do find the said Sir Richard Gurney, Lord mayor of the City of London, guilty of causing the said Proclamation for putting the Commission of Array in execution to be published, tending to the disturbance of the peace of this kingdom, and of not suppressing the said riots and misdemeanours, and of not calling a Common council, as he was by Order of Parliament required; and for these offences, this High Court doth award and adjudge, 1. That the said Sir Richard Gurney shall be no longer Lord mayor of the City of London. 2. That he shall be hereafter uncapable to bear any Office in the said City of London. 3. That he shall be uncapable to bear or receive any further Honour hereafter. 4. That he shall be imprisoned in the Tower of London, during the pleasure of the House. John brown clear. Par. Die Lunae 29. jul. 1644. ORdered by the Commons assembled in Parliament, That the Committee at Goldsmiths Hall do consider of all Prisoners, whose Estates are sequestered, and require a List of them from the several persons that have the custody of them, and consider of raising moneys( by compounding with them) for the Scots Army, and Lord Fairfaxes Army, and present their opinions upon the whole matter to the House. H: Elsinge clear. Par. Dom. come. Die Martis 30. jul. 1644. IN pursuance of an Order to the House of Commons, dated 29. july 1644. You are required to sand to this Committe by Friday next in the afternoon, the names of such Prisoners of quality under your custody, whose Estates are sequestered by Ordinance of Parliament, and to certify the Crimes for which they are committed, &c. The Tower, &c. John Leech. Dei Martis 20. August. 1644. ORdered that the Sub-Committee appointed to examine the Estates and Delinquency of the several persons, whose names are returned by the Keepers of the several Prisons in and about the City, do make their report of their proceedings therein on Friday next to this Committee. John Leech. 27. August 1644. Resolved, &c. THat the business concerning the Prisoners in the several Prisons, &c. touching the Fines to be set upon them for their several Delinquencies, be re-committed to the same Committee, who are ordered to make their report on Friday next, of such proceedings as they shall make therein; and they are desired first to consider of the most wealthy and able persons, and present the Fines fit to bee set on them. John Leech. Die Mercurii, 23. Octob. 1644. Resolved upon the Question, THat Sir Richard Gurney, Sir Benjamine Ayliffe, Sir Robert cook, Thomas Coningsby Esq. Sir Roger Twisden Knight, 10: Corbet Esq. Thomas Dunstable, Sir Francis Williamson Knight, Edward Maynard Esq. Sir John Morley Knight, Sir Edward Heron Knight, Sir Thomas Littleton, Sir Wingfield Bodenham, Sir Thomas Peyton, Sir 10: Butler, Sir Rich: Norton, Nevile Smith, and Doctor Featly be admitted to Fine and Composition. Resolved, That it be referred to the Committee at Goldsmiths Hall, to Treat and Compound with the persons above name, and report their Fines to the House. H: Elsinge clear. Par. Dom. come. Goldsmiths Hall. March 3. 1644. THe names of divers Prisoners now in restraint, upon whom the Fines hereunder specified, are set and imposed by the Committee at Goldsmiths. Hall, according to an Order of the Honourable House of Commons, of the of Aug. 1644. Sometimes Lord mayor, committed to the Tower Resolved Sir Richard Gurney Knight, 5000l. by the Lords in Parliament, for his Contempt to the House in disobeying their Order, and by doing other things, whereby he shewed his disaffection to the Parliamnt, whose Estate is under Sequestration. These Gentlemen, if they were duly sequestered, severely imprisoned, they would be willing to 〈◇〉 Common wealth, and pay such Fines as shall be se●●pon them. JO: LEECH. Die Martis, 4. Marcii 1644. THe House resumed the Report from the Committee at Goldsmiths Hall, and resolved, &c. That this House doth approve and accept of 5000l. for the Fine of Sir Richard Curney, sometimes Lord mayor of London, for discharge of his Delinquency, and Sequestration of his Estate, and Imprisonment. Die Lunae 2. Marcii, 1645. MAster Ash reports the answer of Sir Richard Gurney, to the Committee of Goldsmiths-Hall, concerning the Fine of 5000l. set on by this House, that he obstinately refuses to pay the same. H: SCOBE. clear. Par. To the Right Honourable Committee of Lords and Commons for Sequestrations. The Humble Petition of Sir Richard Gurney, Knight. Sheweth, THat your Petitioner is a Prisoner in the Tower of London, during the pleasure of the House of Peers, and thereupon supposing him to be a Delinquent; his Estate in London, the County of Wilts, and in other Counties where it lies, is of late put under Sequestration, by the respective Committees of the several Counties: And in particular, his Estate at clear in suffolk, and upon the edge of Essex, 40. Miles distant from London, is sequestered by the Committee for gloucester, whose power by the Ordinance extends but 20. Miles from London. Your Petitioner therefore humbly prayeth this Honourable Committee, to require the said Committee of gloucester, and other Committees of the Counties, and places where his Estate lies, to certify to this Honourable Committee, the grounds and cause of their sequestering your Petitioners Estate, and to respite their proceedings, until your Petitioner upon their Certificates, may be enabled to bring his Cause to hearing. And he shall pray, &c. Die Martis, 27. januar. 1645. At the Committee of Lords and Commons for Sequestration. UPon the Petition of Sir Richard Gurney Knight, hereto annexed: It is thought fit and ordered that it be referred to Mr. Bradshaw, to peruse the said Petition, and the Orders of the Houses of Parliament, and to report the state of the Case to this Committee; and the clerk of this Committee is to inquire in the Clerkes books of both Houses, what Orders have been made in the Petitioners Case. John wild. Intr. R. Vaughan. Sir Richard Gurneys Petition. THe Petitioners offence and sentence appears by the Acts of the Lords House, since which time the House of Commons accept of 5000. l. for discharge of his delinquency, Sequestration of his Estate and Imprisonment. And this I find to bee the Case. 17. Febr. 1645. John Bradshaw. Dei Martis, 9. March 1646. At the Committee of Lords and Commons for Sequestrations. IN the Case of Sir Richard Gurney Knight, It is ordered that it be referred to the Committees of the several counties( by whom the Sequestration was made) to examine the matter and cause of the Sequestration, with the witnesses and proofs on both sides on Oath, giving the Petitioner the heads of his Charge to examine his witnesses upon, and to certify the true state of the Case with the proofs to this Committee, sealed up within a month after notice hereof, and to deliver out no copies of the proofs. And it is further ordered, That the Committee at Goldsmiths Hall be desired to certify whether the said Sir Richard Gurney hath exhibited any Petition to them for his composition. Vera Copia. Ex. per me R. Vaughan, clear. come. Die Merc. 7. Apr. 1647. At the Committee of Lords and Commons for Sequestrations. IN the Case of Sir Richard Gurney Knight and Baronet, upon the several Certificates from the Committees in the several counties, by whom the Sequestration was made: It is ordered that publication be thereof granted, if Mr. Bradshaw assent. Hen: Pelham. I assent thereto, 9. april 1647. John Bradshaw. The Certificates. 15. December 1645. At the Committee for Sequestrations London, sitting at Cambden House. IT is this day ordered that nothing be done in examination of the Estate of Sir Richard Gurney Knight, until further order of this Committee, in regard no cause hath yet appeared to them of any Sequestration to be made of and upon the same. Henry Linch Clerk to the said Committee. R. Vaughan. November 28. 1646. THese are to certify, That the Case of Sir Rich: Gurney Knight, hath been assessed by the Assessors sitting at Haberdashers Hall, London, at the sum of one thousand pounds for the twentieth part of his Estate, real and personal, by virtue of an Ordinance of Parliament of the 29. of November 1642. and for default of payment thereof his Estate and revenue hath been sequestered according to the effect of the said Ordinance, and hath this day made and given payment and satisfaction to the Committee of Lords and Commons for advance of money, for and concerning the said assessment of the one thousand pounds, whereupon the said assessment is now fully satisfied, and the Sequestration made for non-payment thereof taken off and discharged. Martin Dallison, clerk to the said Committee. R. Vaughan. Goldsmiths Hall. Luna, 5. Apr. 1647. THese are to certify, that the 4. of March 1644. there was a Fine of 5000 l. imposed by the Committee for compounding with Delinquents sitting at Goldsmiths Hall upon Sir Richard Gurney, Knight and Baroner, which was reported to the House of Commons and accepted by them, as by the Orders thereupon may appear. But the said Sir Rich: Gurney hath not exhibited any Petition to this Committee, nor any way submitted to the said Fine. George Leech, Seer to the said Committee. R. Vaughan. At the Committee of Wilts at Warmister, 31. March 1647. Right Honourable, ACcording to the directions of your Order of the 9. of this present March, We of the Committee of Wilts do humbly certify, that some of us being in London before our coming to act in this County, understanding that Sir Richard Gurney, Knight and Baronet, was a Prisoner in the Tower of London, and that his Estate in and about the City was sequestered: We did also sequester his Estate in this County, and have continued the same under Sequestration, but have received no other information or proof of any Delinquency against him: All which we humbly submit to your grave considerations, And rest Your humble servants, Robert brown, Tho: Bennet, I. Martin, Thomas Goddard, William jesse. R. Vaughan. Dated at Dorcet House aforesaid 21. Apr. 1647. Right Honourable, IN obedience to your Lordships Order of the 9. of this instant April, whereby we are to certify the causes and grounds of Sequestration of the Estate of Sir Richard Gurney: We of the Committee of Gloucester, Hereford, and other Counties, sitting at Dorces House in Channon Row Westminster, do certify your Lordships, that the Cause whereof we summoned the Tenants of Sir Richard Gurney at Stoak, and Ashton, in the counties of Suff. and Essex, to pay their Rents to the use of the Common-wealth, was an impeachment of the House of Commons, july the 5. 1642. and a See Fig. I. II. VII. IX. & X. Judgement of the House of peers: thereupon the 12. of August following, and two Votes of the House of Commons, the one of the 23. of October, 1644. when it was resolved that he should be admitted to his Fine and Composition; the other of the 4. of March 1644. when it was resolved that 5000 l. be accepted for discharge of his Delinquency, and Sequestration of his Estate and Imprisonment; the several copies whereof are here enclosed, and his refusal to pay the said Fine, as by the report of Mr. John Ash made to the House of Commons, the Copy whereof is also enclosed appears. All which we humbly submit to your Lordships judgments. Nath: Stephens. Tho: Hodges. jo: Stephens. R. Vaughan. The Discharges. At the Committee for Gloucester, sitting in the Inner Court of Wards, Westm. 16. Febr. 1647. WHereas upon discovery made to this Committee, That Sir Richard Gurney, Knight and Baronet, was in his life-time a Delinquent, and that his Estate was sequestered in several places, and that he had received a Judgement in the Lords house for putting the Commission of Array in Execution, and for other Crimes by him committed, for which he was committed Prisoner to the Tower of London. And forasmuch as the said Sir Richard Gurney is since deceased, and that it appears to this Committee, that his Sequestration is taken off in other places. It is therefore ordered, that the seizure and restraint made by this Committee of his Rents in Stoake, and ash, in the counties of Essex and Suffolk shall be, and is thereby taken off and discharged. Tho: Pury. Nath: Stephens. Tho: Hodges. R. Vaughan. 11. August 1649. At the Committee of Parliament for removing of Obstructions in the sale of deans and Chapters Lands. UPon reading this day of the report of Colonel edmond Harvey, made according to order of the Committee for removing of Obstructions in the sale of late Bishops Lands, of the 21. of june last, grounded upon the Petition of Sir John Pettus, Henry Samford, and Humphrey Bedingfield, touching the possession and Rent of the House called Gurney House, situate in the Old Jury London, wherein report is made, that the said Col. Harvey conferring with the Trustees for sale of Bishops Lands, concerning the premises, they did find that the possession of the said House cannot( without prejudice to the State) be delivered to Mr. John Frederick, who purchased the same of the said Petitioners, and that thereupon he, the said Colonel Harvey, and the said Trustees had treated with the said Mr. Frederick for the Rent to be received and paid for the said House, out of whose demands the said Trustees conceived the sum of two hundred pounds per and. to be a competent Rent to be paid unto him the said Mr. Federick or his assigns, for the premises, from the time of his purchase thereof, viz. from the first of May 1648. until Midsummer last past, and for the growing Rents thereof from thence forth, the yearly Rent of 200 l. per and. for so long as the said House shall be employed for the sales of Bishops, Deans, and Chapters Lands, and that the arrears for the said House due to the said Petitioners from the 20. of November 1646. to the said first of May 1648. aforesaid, be allowed unto them the said Petitioners, after the rate of 120 l. per and. It is this day ordered, that the Trustees for sale of Deans and Chapters Lands be hereby required and authorised to grant and issue forth their warrants to the Treasurers for sale of the said Lands, to pay unto the said joh: Fredrick, or to his assign or assigns, for and in the consideration of the said House, and growing Rent thereof, during the time that the said House shall be employed in the service of the State as aforesaid, the yearly sum of two hundred pounds quarterly, viz. upon the 29. day of Septemb. next, the sum of fifty pound, upon the 25. of December following the sum of fifty pounds, as the same shall from time to time grow due. And the same Treasurers are hereby required and authorised upon such several Warrants to pay the same during the said time accordingly, and the receipt of the said joh: Frederick or his assign or assigns shall from time to time be a sufficient discharge unto the said Treasurers in that behalf: and it is further ordered that the said Trustees be hereby required and authorised at the charge of the State, to keep the said House in good repair during the said employment, and to leave the same without defacing thereof. jo: Field. jo: Goodwin. Ben: Valentine. Francis Allein. jo: jones. A true Copy examined by joh: Firker. City of London, Sir Richard Gurney Knight. A Warrant issued forth to restrain Rents the 19. of april 1644. For that the said Sir Richard Gurney was committed a Prisoner to the Tower of London, seized the rents of a Tenement in the Old Jury, land ▪ of the annual Rent of twelve pounds. The Sequestration discharged by the Committee of London the 25. of December 1645. for that no cause appeared to continue the same, and the twelve pounds received for a yeares rent paid over to the Committee of Haberdashers Hall, who had seized all the rest of the Tenements in the Old Jury. The above written is what is certified in the List of the Names of all such persons who have been formerly sequestered by the Committee for Sequestration in the City of London, concerning Sir Rich: Gurney; which said List is subscribed by Tho: Martin Clerk, and Jo: Fox. Dated 22. August. Ian. 14. 1647. By the Committee of Parliament for the County of Wilts. WHereas the Estate of Sir Richard Gurney in the County of Wilts, was sequestered by us, he being now deceased, we knowing no cause for the continuance thereof do think fit ●o discharge it, he having paid his fifth and twentieth part, as appears by Certificate from Haberdashers Hall. R. Vaughan. jo: Goddard, Robert brown, Edward Martyn, Gabr: Martyn, Thomas Goddard. The second proceedings of Goldsmiths-Hall, By the Committees for Compounding, &c. 16. July 1650. IT is ordered that the Heirs and Executors of Sir Richard Gurney deceased, do satisfy this Committee within twenty dayes after notice hereof, why the fine of 5000 l. imposed upon the said Sir Rich: Gurney is not paid into the Treasury of this Committee. jo: Leech. The Case reported to the Parliament, Tuesday the 5. of August 1651. A Certificate from the Commissioners for compounding of the 6. of December ▪ 1650. was this day red, and the Cases of Sir Richard Gurney, and Mr. Thompson, wherein the Commissioners desire directions from the Parliament; the report of the Case of Sir Richard Gurney was red; Viz. According to the Order of the 20. of Septemb. 1650. in the case of the Executors of Sir Richard Gurney, Knight and Baronet deceased, touching the Fine of 5000 l. imposed upon him by the Parliament, we * find, M. Reading M. Brereton That the 5. of july 164●. the Honourable House of Commons brought in an Impeachment in the House of Lords against Sir Richard Gurney, for that he, on or about the last of june 1642.( being then Lord mayor of London) in several places of the said City unlawfully and maliciously caused Proclamation to be made for the putting in execution the Commission of Array, tending to the raising of Forces against the Parliament, and to the subversion of the laws and peace of the kingdom. For which they impeached him in the name of the House of Commons, and of all the Commons of England of high crimes and misdemeanours; and saving to themselves all liberties and advantages of exhibiting all other accusations against him; they desired he may be called to a speedy answer in the presence of the Commons. The 12. of August 1642. the Lords in Parliament assembled, reciting that whereas Sir Rich. Gurney, Knight and Baronet, Lord mayor of the City of London, hath been impeached by the House of Commons, for causing Proclamation to be made for the putting in execution the Commission of Array, and for the framing of two false and scandalous Petitions, to set division between his Majesty and the Parliament, and Parliament and the City, and for imprisoning certain Apprentices, who had framed a Petition to the Parliament, and for not punishing or proceeding against certain Ryoters, or misdoers within the City of London, acted in or about the 2. of February 1641. and for refusing or neglecting to call a Common council, for the good and safety of the said City and kingdom( being thereunto commanded by the authority of both Houses of Parliament.) The said Lords having taken the said Charges into due consideration, do find the said Sir Richard Gurney, Lord mayor of the City of London, guilty of causing the said Proclamation for putting the Commission of Array in execution to be published, tending to the disturbance of the peace of the kingdom, and of not suppressing the riots and misdemeanours, and not calling a Common council, as he was by Order of Parliament required; and for these Offences, the said High Court did award and judge, First, that the said Sir Richard Gurney should be no longer mayor of the City of London. Secondly, that he should be hereafter uncapable to bear any Office in the City of London. Thirdly, that he should be uncapable to bear or receive any further Honour thereafter. Fourthly, that he should be imprisoned in the Tower of London, during the pleasure of that House. And accordingly he was put out from being Lord mayor, and committed to the Tower. That the 29. of November 1642. the Ordinance for sitting of the Committee for Advance, and for assessment of the fifth and twentieth part passed both Houses. That in December 1642.( Sir Richard Gurney being in prison) was assessed 1000 l. for his twentieth part at Haberdashers ▪ Hall, and for default of payment thereof, his personal Estate at Gurney House London, was sequestered and sold in February 1642. and Gurney-House, and Tenements adjoining, and other his Estate was sequestered in 1642. and the profits received until the 20. of November 1646. That the first of April 1643. the Ordinance for Sequestration of Papists and Delinquents, passed both Houses. That the 19. of April 1644. the Committee for Sequestrations for London issued out a warrant to restrain the rents of Sir Richard Gurney, for that he was committed a prisoner to the Tower of London. That the 29. of july 1644. the Commons in Parliament ordered the Committee of Goldsmiths Hall to consider of all prisoners, whose Estates are sequestered, and to require a List of them from several persons that had the custody of them, and to consider of raising moneys by compounding with them, and to present their opinions upon the whole matter to the House. The 30. of july 1644. The Committee of Goldsmiths-Hall required the Lieutenant of the Tower( amongst others) to certify the names of such prisoners of quality under his custody, whose Estates were sequestered, that by order of Goldsmiths-Hall, the 20. of August and 27. of August 1644. a Sub ▪ Committee was appointed to consider of the Estates and Delinquencies of the several persons returned to them, and first to consider of the most wealthy and able persons, and to present the Fines fit to be set on them. The 23. of October 1644. it was resolved by the House upon the question, that Sir Richard Gurney, and divers other persons therein name, be admitted to Fine and Composition, and that it be referred to the Committee at Goldsmiths-Hall to treat and compound with the said persons, and to report their Fines to the House. The 3. of March 1644. the Committee of Goldsmiths-Hall presented to the House( amongst other things) the names of divers persons, upon whom Fines were set by the Committee at Goldsmiths-Hall, according to an Order of the House of August 1644. viz. Sir Richard Gurney Knight, sometime Lord mayor, committed to the Tower by the Lords in Parliament, for his contempt to the House, and disobeying their Order, Resolved Fine accepted. and doing such other things whereby he shewed his disaffection to the Parliament; whose Estate is under Sequestration. That the 4. of March 1644. the House did approve and accept of 5000 l. for the Fine of Sir Richard Gurney, for discharge of his Delinquency, and Sequestration of his Estate and Imprisonment. The 15. of December 1645. the said Committee for Sequestrations in London ordered the said Sequestration to be discharged, for that no cause of Sequestration appeared to them, and the 12 l. by them received was assigned over to the Committee of Haberdashers Hall, who had seized all the rest of the Tenements. That the 2. of March 1645. Mr. John Ash reported to the House the answer of Sir Richard Gurney to the Committee at Goldsmiths-Hall, concerning the Fine ▪ of 5000 l. set upon him by the House, that he obstinately refuseth to pay the same. That the 20. of November 1646. by order of the Committee for advance and reciting the former assessment of 1000 l. for the 20. part, and the Sequestration for non-payment thereof; and that the said Sir Richard Gurney had given satisfaction for the same, the said Assessment and Sequestration for non-payment thereof were taken off and discharged, and the said Estate hath been free from Sequestration ever since. That upon M. Ash his report of the 2. of March 1645. aforementioned, of Sir Richard Gurneys obstinate refusal to pay his Fine, we do not find there was any further resolution in the Case. H: Scobell clear. Parl. The Case referred, Tuesday 5. August 1651. REsolved by the Parliament, That this report from Goldsmiths-Hall, concerning Sir Richard Gurney, be referred to a Committee to examine the business and hear all parties concerned, and to state the whole matter of Fact and report it to the House ▪( viz.) Unto Sir Gilbert Pickering. Mr. Love. Mr. Bond. Mr. moil. Mr. Allein. Lord Grey. Mr. Stephens. Mr. nevil. Mr. martin. Mr. Trenchard. Mr. Carew. Mr. Hodges. Lord Whitlock. Col. Lister. Alderman Atkins. Mr. Hevenningham. Mr. Dormen. Sir Henry Heymen. Col. Fielder. Lord Lister. Col. Morley. Mr. chaloner. Mr. Whittacre. Mr. Oldesworth. Or any five of them: And Col. Fielder is to take care of it. Hen: Scobell clear. Par. The report of the Committee of Parliament, In the Case of Sir Richard Gurney, besides what is mentioned in the report from Goldsmiths-Hall it appears, THat after the Estate of Sir Richard Gurney was discharged of Sequestration by the Committee at Haberdashers-Hall, November 20. 1646. The 9. of March following, he obtained( by order of the House of Lords) liberty to repair to any of his houses, upon security to render himself when required. But several Committees in the Country, notwithstanding the said discharge, continuing Sequestration upon his Estate. The said 9. of March 1646 ▪ he obtained order from the Committee of Lords and Commons to the said Committee in the Country, to certify the cause of Sequestration, and to the Committee at Goldsmiths-Hall to certify whether any Petition was exhibited to them for compounding. In pursuance thereof: The 31. of March 1647. the Committee of Wilts certified, that they hearing Sir Richard Gurney was sequestered in London, and a Prisoner in the Tower, thereupon sequestered him, and knew no other cause. The 5. of April 1647. the Committee at Goldsmiths-Hall certified the Fine of 5000 l. set as aforesaid, but that Sir Richard Gurney had not petitioned to that Committee, nor submitted to the said Fine. April 21. 1647. The Committee of Gloucester( being quickened thereto by a special Order) certified the cause of the Sequestration to be the impeachment and sentence● In 1642. and setting of the said Fine in 1644. Upon return of the Certificates, Order passed for publication in April. 1642. and for hearing in May 1647. but the Committee ceasing to act, and Sir Rich: Gurney dying soon after, the hearing never passed. But Certificates of the Discharge at Haberdashers Hall being produced; the Committee of Wilts january 14. 1647. and the Committee of Gloucest. 16. Febr. 1647. discharged the said Sequestration. It further appears, That Sir Richard Gurney by dead, dated june 7. 1641. and 15. july 1641. conveyed his Lands and Gurney-House to Trustees to be disposed for payment of Debts and Legacies, as by his last Will he should declare. That by his Will proved, dated 29. September 1647. he enjoins his Trustees and Executors to sell the said Lands, and House, for the payment of his Debts and Legacies. That in execution of the said Will, and Trust, the Executors and Trustees sold all the said Lands( as by the Deeds appear) before the end of October 1649. That the 16. of july 1650. the Committe at Goldsmiths-Hall issued their Summons to the Executors, to show cause why they should not pay the 5000 l. Fine. That the real Estate being sold as aforesaid, for about 17000. and not more( as appears by the deeds) the Executors paid( as by affirmation of Sir John Pettus, one of the said Trustees, and Executors likewise appears) for funeral Charges, just and ancient Debts, Legacies, and necessary charges, above 28000 l. and that before the said Summons, or any demand of the said 5000 l. Fine; and are indebted for that Estate above 4000 l. which as yet the Estate is not like to satisfy, ( not including the said 4000 l. the remaining Estate, except 11 l. per and. and a desperate debt upon a mortgage) being due upon bond from several persons, most of them Prisoners, either in the Upper Bench, or Fleet, of which debts neither principal or interest hath been paid these ten yeares. And lastly it appears, That out of Sir Richard Gurneys Estate, the Parliament hath been advantaged these particular sums, viz. Five hundred pounds lent to Ireland, one thousand pounds to Haberdashers-Hall for his twentieth part, one thousand two hundred pounds received by the Committee for Gloucest. being a Debt upon a mortgage sequestered by them, two thousand pound lost by the ruin of Chawfield-House in Wilts, and for Timber cut down, and employed for that and other of the Parliaments Garrisons. Besides 2000 l. lost in goods, upon seizure for the fifth and twentieth part, which being assessed at 2000 l. he neglected to pay,( as is alleged) because he was assessed in his Ward but at 800 l. And 1500 l. lost, as is likewise alleged by the said Sir John Pettus, which he is able to prove by the undersale of Gurney-House, by reason the State had the use of Sir Richard paying before the purchase 300 l. per and. but the Committee of Parliament ordered but 200 l. per and. to him that purchased it of the Executors( as by the Order appears.) Deted the 11. of August 1649. Friday 29. August 1651. Ordered that colonel Martin be desired to make this Report with the former. Fi: Kirk. Wednesday 3. Novemb. 1652. ORdered by the Parliament, That it be referred to the Commissioners for Compounding, forthwith to levy the money due upon the Fine imposed upon Sir Rich: Gurney by Order of Parliament. Hen: Scobel clear. Par. By the Commissioners for Compounding, &c. 4. November 1652. IN pursuance of the Order of Parliament above written. It is ordered that Thomas Lord Richardson, and Sir John Pettus, Executors to the said Sir Rich: Gurney( in right of their Wives) do pay to the Treasurers at Goldsmiths-Hall, the moneys due upon the said Fine, within seven dayes after receipt hereof: Otherwise we shall proceed to levy the same according to the directiof the said Order of parliament. Inter. S. 382. jo: Leech. Sam. Moyer, Ar: Squib. Rich: Moore, jo: Russells. By the Commissioners for Compounding, &c. 25. january 1652. UPon reading an Order of Parliament of the 3. of November last, for levying of the Fine imposed formerly upon Sir Richard Gurney, and our Order of the fourth of the same Nov. made thereupon. Resolved, That the said Fine be accordingly levied, and Letters be sent to the commissioners for Sequestrations in the several Counties, where the said Sir Richard Gurney had any Estate, either real or personal, to order and require them forthwith to proceed to levy the same upon such Estate, and return the money which they shall thereupon receive into the Treasury at Goldsmiths-Hall. A true Copy. 9. Mar. 1652. joh: Leech. Brevials exhibited to Parliament, upon the Order of Nov. 3. 1652. The Case of Sir Richard Gurney, Truly Stated by his EXECVTORS. IN 1642. Sir Richard Gurney was( for certain misdemeanours) Sentenced to be Imprisoned in the Tower during pleasure. But no Fine. In 1643. he was sequestered, for not paying his twentieth part. In 1644. the Committee of Goldsmiths-Hall being authorised to treat with him, offered him freedom from his Imprisonment and Sequestration for 5000 l. Fine, which he refused. In 1645. his refusal to accept that offer was Reported to the Parliament, and nothing Ordered thereon. In 1646. he paid his twentieth part, and was discharged of Sequestration. In 1647. he dyed a Prisoner, since which his Executors have disposed his whole Estate, to pay Debts and Legacies. In 1650. the Executors were summoned by the Committee of Goldsmiths-Hall to show cause why they should not pay the said 5000 l. and upon Cause shown, the Case was Ordered to be Reported to the Parliament. In 1651: the Parliament referred the Case to 24. of their Members, or any five of them. They examined the Case, and Ordered colonel Martin to Report the same. In 1652. the Report not being heard, the Parliament supposing that a Fine was part of his Sentence, and imposed on him for Delinquency, Ordered the same to be levied. Whereas, 1. He was never judged a Delienquent ▪ 2. He was never sequestered for Delinquency. 3. No Fine was imposed at, or since his said Sentence. 4. His whole Estate being free from Sequestration, and the charge of any Fine, is disposed of by his Executors. 5. Yet for his misdemeanours, besides 5. yeares imprisonment, he was damnified 25000 l. 6. And the Parliament hath received out of his Estate for his twentieth part and otherwise, 7500 l. part whereof was voluntarily lent. Further Proceedings concerning the said CASE. IN Decemb. 1652. The Parliament being informed, That there was a Report in the Case of Sir Richard Gurney) depending before them, and not heard, when they Ordered the said Fine to be levied; Were pleased then, and since, to appoint four several dayes for hearing the said Report. But in regard the Parliament hath not heard the said Case, nor suspended the execution of the said Order until Hearing, The Commissioners for Sequestration have issued out Orders to Sequester all the Houses and Lands which were Sir Richard Gurneys, long since sold, and the Money disposed, as aforesaid. Whereby, The Purchasers are disturbed in their Possessions, and the Executors engaged in Suits and Perplexities. The Case of Sir Richard Gurney, As to the Act of Pardon. THe Act of Pardon acquits, &c. All Sequestrations, Penalties, sums of Money, &c. except such Lands, Tenements &c. which stood actually sequestered, December 1. 1651. and all sums of Money due upon Composition. 1. Now it appears that no part of his Estate stood actually sequestered in December, 1651. but was discharged three years before. 2. That the said 5000. l. was not due upon Composition, he never submitting to any Fine. Tuesday the 8. of March, 1652. ORdered by the Parliament, That the business touching Sir Richard Gurney be Reported on Tuesday morning next, the first business. Hen: Scobell, clear. Parl. March 15. 1652. REsolved upon the Question concerning Sir Rich: See fig. 29. Gurney's Fine, That the Parliament do adhere to their former Vote. Hen: Scobell clear. Par. The words of the Ordinance for Sequestration, April the 1. 1643. BE it Ordained by the said Lords and Commons, That the Estates as well real as personal of the several Bishops hereafter mentioned, viz. William, &c. and of all other person and persons ecclesiastical or temporal, as have raised or shall raise Arms against the Parliament, or have been, are, or shall be in actual war against the same, or have voluntarily contributed, or shall voluntarily contribute( not being under the power of any part of the Kings army, at the time of such contributing) any Money, Horse, Plate, arms, Munition, or other aid or Assistance for or towards the maintenance of any Forces raised against the Parliament, or for the Opposing of any force, or power raised by authority of both Houses of Parliament, Or for the robbing, spoiling, plundering of any the Kings Subjects, who have willingly contributed or yielded Obedience to the command of both Houses of Parliament, and of all such as have joined or shall join in any Oath, or Act of Assotiation against the Parliament: or have imposed or shall impose any Tax or Assessment upon his Majesties Subjects for or towards the maintenance of any Forces against the Parliament, or have or shall use any force or power to levy the same, shall be forthwith seized and sequestered into the hands of the Sequestrators and Committees hereafter in this Ordinance name. The additional Ordinance, Aug. 19. 1643. BE it now Declared and Ordered by the said Lords and Commons assembled, That in the number of such Delinquents, and Papists, who shall come within the compass of the said former Ordinance, and to all intents and purposes to be proceeded against as notorious Delinquents or Papists, expressly described in the said Ordinances, shall be reckoned and accounted all such, as voluntarily absenting themselves from the usual places of their abodes or dwellings, Trade, Offices, or employments, and have gone, or shall go to any of the Kings Armies, or other Forces raised without consent of both Houses of Parliament, and have there continued, or shall there continue, and shall not within ten dayes after seizure or sequestration of their several goods or estates, or stay made of their rents by force of the said Ordinance,( which said Sequestrators are hereby required to do show sufficient cause to be allowed by the Committee of the County, City, or place, in which the said seizure, or sequestration or stay of rents, is or shall be made of such their absence, going and continuing in any of the said Armies or Forces; And all such as shall fraudulently imbezell, conceal, or convey away all or any part of their goods, money, or estate, without valuable consideration, or not bonâ fide, thereby preventing or avoiding the payment of any Taxes or Assessments laid upon them by any Ordinance of both Houses of Parliament, or any distress or seizure in case of non-payment thereof; Or that after any such Taxes or Assessments laid on them, convey themselves away, or refuse to be spoken with, whereby any tax or assessment laid upon them by Ordinance of both Houses of Parliament, cannot be executed upon them or their Estates, according to the true meaning or purport thereof; or that have had any hand in the late horrid and desperate conspiracy and treason of Waller, Tomkins, and chaloner, and their confederates, whether they be already, or hereafter shall be convicted to be privy and consenting thereunto,( except such as being not yet convicted, shall discover and confess all that they know thereof, within the time limited by both Houses of Parliament, to such person or persons as are or shall be appointed to take such discoveries and confessions) Or that shall sue or molest any person or persons, who shall have yielded obedience, or conformity unto the Orders, Ordinances, or Commands of both Houses of Parliament, or have been or shall be employed by Authority of both the said Houses for or by reason of any thing done or to be done in execution or performance thereof, or that have willingly harboured any Popish Priests or Jesuits in their Houses or dwellings since the 29 of November 1642, or that shall hereafter so harbour any; And all and every person or persons which at any time heretofore have been convicted of Popish Recusancy, and so continue, Or that have been or shall be thereof indicted, and such their Indictments removed by Certiorari, or being not removed, shall not by appearance and Traverse be legally discharged, before se●zure or sequestration made of their goods or estates, or stay of their rents, by force of this, or the said former Ordinance, or that have been at mass at any time within one whole year before the 26 day of March 1643, or shall hereafter be at mass, or whose children or Grandchildren or any of them living in house with them, or under their or any of their tuition & government, shall be brought up in the Popish Religion. And all such persons as being of the age of Twenty one yeares, or above, shall refuse to take the Oath hereafter expressed, shall forfeit as Papists within this and the said former Ordinances, and seizure, and sequestration of two Third parts of all their goods and Estates, real and personal, and sale of such proportion of their goods so seized and sequestered, shall be made, and their rents and estates disposed of, in such manner and proportion, and by such persons as by the said Ordinance of Sequestrations is appointed for Papists, &c. A President for DISCHARGE. Die Martis 4. Martii 1644. REsolved that the Commons assembled in Parliament, do approve of and accept the sum of two thousand pounds for a Fine of Sir Robert cook, for discharge of his Delinquency, Sequestration of his Estate, and his Imprisonment. Hen: Scobell clear. Par. Die Martis, 17. November 1646. ORdered by the Commons assembled in Parliament, That the humble Petition of Sir Robert cook Knight, and the whole business of the Sequestration of his Estate be referred to the consideration of the Committee of Lords and Commons for Sequestrations, to examine the whole matter, and report their opinions to the House. Hen: Scobell clear. Par. Die jovis, 25. Febr. 1646. UPon report this day made by Mr. Hen: Pelham, from the Committee of Lords and Commons for Sequestrations, concerning the Case touching the Sequestration of the Estate of Sir Robert cook; to which Committee, the whole business concerning the Sequestrations of his Estate, was referred by particular Order of this House. It is ordered upon the question by the Commons assembled in Parliament, That the Estate real and personal, of the said Sir Robert cook, be forthwith discharged from Sequestration, and the Sequestration of his Estate taken off; and that the Ren●s stayed in his Tenants hands, by order of the Committee of Lords and Commons for Sequestrations, together with the Goods, Stock, and other Estate appointed by the same Order, not to be disposed or meddled with by the Sequestrators till further order from this House be hereupon paid and restored to the said Sir Robert cook, and all Committees, Sequestrators, and their Officers, are to take notice of this Order, and to yield obedience hereunto accordingly. Hen: Scobell clear. Par. Sir Richard Gurney's dead of trust. BY Indenture made the 7. day of June in the year of our Lord God, 1641. Between Rich: Gurney Citizen and Alderman of London, Rob. Austin, &c. of the one part, Hen. Sandford of Bobing Court in the County of Kent Esq. John Pettus of Cheston Hall in the County of Suff. Knight, of the other part. The said Richard Gurney and Robert Austin, &c. granted, bargained, sold, al●ened, confirmed unto the said Henry Sandford, John Pettus, &c. all that the manor of Great Chauldfield, otherwise East Chauldfield, &c. to have and to hold the said manor, &c. unto the said Henry Sandford, John Pettus &c. their Heires and assigns for ever. Upon trust and confidence that the said Henry Sandford, John P●●●●s &c. and their Heires shall after the decase of the said Richard Gurney, out of the rents and profits of all and singular the premises, satisfy and pay all such Debts, Legacies, gifts, bequefts, and sums of money, as the said Richard Gurney by his Estate, Will, or by any other Writing proved by three credible Witnesses, shall limit, declare, or appoint. Sir Richard Gurney's Will. ANd whereas I stand indebted, &c. Now therefore for the more sure, just, true and expeditious payment of the said 6000. l. and of all other my debts whatsoever, I do further will, as followeth,( that is to say) Item, I do further will, device, direct, and appoint, that my said two Daughters, the said Dame Elizabeth Pettus, and the said Anne Richardson( whom I do hereby constitute, ordain, and make the execute ▪ of this my last Will and Testament) And all my several Trustees in that behalf above name, or so many of them as are or from time to time shall be requisite for the doing thereof, may and shall with all convenient speed after my decease( for the just and true payment and full satisfaction of all my Debts) sell and convey all that my Reversion, Inheritance, Interest, and Estate of and in the said manor or Lordship of Great Chauldfield, alias East Chauldfield, with th'appurtenances in the said County of Wilts, and all other my Messages, Lands, Tenements, and Hereditaments with th'Appurtenances, of which in the name of myself, or of any other person or persons in trust for me, I bought and purchased of, &c. All which premises were disposed by his Trustees and Executors accordingly, before the 1. of Dec. 1651. An Act of general Pardon and Oblivion. 24. Febr. 1651. THe Parliament of England being most desirous that the Mindes, persons, and Estates, of all the People of this Nation might be composed, settled, and secured, and that all rancour and Evill-will, occasioned by the late differences may be butted in perpetual Oblivion, that so the Government now established in the way of a Free State, might be complied with, and all the Members of it, enjoy their just and ancient right and Liberties; and the former Commotions and troubles end in a quiet, calm and comfortable peace, Have resolved to do what in them lies for the obtaining and Effecting thereof, leaving the success, and their Endeavours unto the Blessing of God, and his working upon the Spirits of those that are concerned herein. Be it therefore Enacted by this present Parliament, and by the authority of the same, That all and every person and persons of or within the Common wealth of England, shall be and are by the authority of this present Parliament acquired, pardonned, released, and discharged,( as against the Parliament, the Keepers of the Liberties of England by Authority of Parliament, or any or either of them) Of all manner of Treasons, Felonies, Offences, Contempts, Trespasses, Entries, Wrongs, deceits, misdemeanours, Forfeitures, sequestrations, penalties, and sums of money, pains of death, pains corporal, and pecuniary, and generally of all other things, Causes, Quarrels, Suits, Judgements and Executions, had, made, Committed, suffered, or done before the Third day of September, in the year One thousand six hundred fifty one, in this present Act, hereafter not excepted, nor foreprized. And also be it Enacted by the authority aforesaid, That this free pardon shall be as good and effectual in the law to every of the persons, bodies Corporate, and others before rehearsed, in, for, and against all things which be not hereafter in this present Act excepted and foreprized, as the same pardon should have been, if all Offences, contempts, forfeitures, Causes, matters, suits, quarrels, Judgements, Executions, penalties, and all other things not hereafter in this present Act excepted and foreprized, had been particularly, especially, and plainly name, rehearsed, and specified, and also acquitted, pardonned, released or discharged by proper and express words and Names, in their kinds, natures, and qualities, by words, and terms thereunto requisite to have been put in and expressed in this present Act of Free pardon; and that the Persons, Bodies corporate, and others before rehearsed, nor any of them, nor the Heires, Successors, Executors, or Administrators, of any of them be, or shall be sued, vexed, or inquieted in their bodies, goods, chattels, Lands or Tenements for any manner of matter, Cause, Contempt, Misdemeanours, Forfeiture, trespass, Offence, or any other thing suffered, or done, or Committed against the late King, or the said Keepers of the Liberties of England, or any Ordinance of Parliament, or the laws or Statutes of the Commonwealth; but onely for such matters, causes, and Offences as be rehearsed, mentioned or intended in the Exceptions of this present Act, be foreprized and excepted, and for none other, any Statute or Statutes, laws, customs, or usages heretofore had, made or used to the contrary in any wise notwithstanding. And Furthermore it is Enacted by the authority of this present Parliament, That this said Pardon by the general words, Clauses, and sentences before rehearsed shall be reputed, deemed, adjudged, expounded, allowed and taken, in all manner of Courts of Justice, and elsewhere, most beneficial, and available to all and singular the Persons, Bodies Corporate, and others before rehearsed, and to every of them, in all things, not in this present Act, excepted or foreprized, without any Ambiguity, question or other delay whatsoever it shall be, to be made, pleaded, objected, or alleged by the said Keepers of the Liberties of England, or by the Attorney general for the Common-wealth, or by any person or persons, for or on the behalf of the said Keepers of the Liberties of England. And Furthermore it is Enacted by the Authority of this present Parliament, That if any Officer or clerk in any of the Courts commonly called the Chancery, Upper Bench, and Common pleas, or of the public Exchequer, or any other Officer or clerk in any other Court within this Common-wealth, at any time after the Twentieth day of February One thousand six hundred Fifty and One, shall make out, or writ out any manner of writs, process, summons, or other Precepts whereby any of the said persons, or any of the said Bodies Corporated; or others before rehearsed, or any of them shall be in any wise arrested, attached, distrained, summoned, or otherwise vexed, inquieted, or grieved in his or their bodies, Lands, Tenements, hereditaments, goods or Chattels, or in any of them, for or because of anymanner of thing, acquitted, pardonned, released, or discharged, by virtue of this Act of F●ee pardon; Or if any sheriff, or Escheator or any of their deputy or deputies, or any bailiff, or other Officer whatsoever, by colour of his or their Office, or otherwise, after the Twentieth day of February, One thousand six hundred Fifty and One, do levy, receive, take, or withhold of or from any person or persons any thing acquitted, pardonned, released or discharged by this Act, That then every such person so Offending, and thereof lawfully Convicted or condemned by sufficient Testimony, witness or proof, shall yield and pay for recompense thereof, to the party so grieved or offended thereby, his or their triple damages, besides all Costs of the suite, And shall also forfeit and lose to the said Keepers of the Liberty of England for every such default Ten pounds; And Nevertheless all and singular such writs, process and Precepts so to be made for or upon any manner of thing pardonned, or discharged by this present Act of Free pardon ▪ shall be utterly voided and of none effect. And also Except all Sequestrations upon which any Lands, Tenements, Hereditaments, Goods or debts did the first day of december One thousand six hundred Fifty One stand actually sequestered, and all sums of money due upon any composition for Delinquency; And all Lands, Tenements, and hereditaments, Bonds, Goods, or debts for which there is granted any Saving, or Respite upon such composition. And also Excepted all Offences and misdemeanours, whereof any Sentence or Judgement hath been given in the Parliament since the Thirtieth of January One thousand six hundred forty Eight; And also the Sentences and Judgements so given, and Execution of the same, and all Fines, Imprisonments, Penalties, Forfeitures and punishments of or for the same. And also Excepted out of this Pardon All such person or persons, as were upon the Twenty Eighth day of January One thousand six hundred fifty and One, in prison, or otherwise restrained of Liberty, by immediate commandement, warrant, or direction of the Parliament, or council of State, Or as Prisoners of war, as to the respective Offences for which they were and stand so committed or restrained. And be it further Enacted, That the Lord Commissioners of the great seal of England, the Justices of either Bench, and the barons of the public Exchequer do take notice hereof and give Order to the Officers and Ministers of the said Court respectively, That this Free and general pardon be in all points Observed, and that the several Particulars hereby pardonned, any way depending in any of the said several Courts, or which hereafter may happen to be Estreated or Certified unto any of them, be forthwith discharged, And that no process, or other proceedings be hereafter had or made concerning the same. FINIS.